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HomeMy WebLinkAbout020823 RES - 11/07/1989A RESOLUTION AUTHORIZING THE EXECUTION OF TWO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATING TO IMPROVEMENTS ON AGNES STREET FROM PORT TO PADRE ISLAND DRIVE. THESE AGREEMENTS PROVIDE FOR THE CITY'S PARTICIPATION ESTIMATED AT $481,718.60. THE PROJECT IS BEING CONSTRUCTED UNDER THE STATE'S PRINCIPAL ARTERIAL STREET SYSTEM PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute two agreements with the State Department of Highways and Public Transportation relating to improvements on Agnes Street from Port to Padre Island Drive all as more fully set forth in the Agreement, substantial copies which are attached hereto and made a part hereof, marked Exhibit A and Exhibit B. These agreements provide for the City's participation estimated at $481,718.60. The project is being constructed under the State's Principal Arterial Street System Program. ATTEST: City Secretary APPROVED OS DAY OF October 1989 HAL GEORGE, CITY ATTORNEY B Assistant C ty Attorney 89JB012.003.dv M'YOR, CI Y OF CORPUS CHRISTI MICROFILMED CRP 89(312) MXA 102-1-78 Nueces County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1989, by and between the City of Corpus Christi, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of drainage outfall and incidental items within the limites from Port Avenue to Airport Road on Loop 443 (Agnes Street), which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Thirty Two Thousand One Hundred and No/100 Dollars ($32,100.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87554, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be -1- constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Thirty Two Thousand One Hundred and No/100 Dollars ($32,100.00), to be used in paying for the proposed work required by the City in the City of Corpus Christi. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87554, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. -2- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. By: CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST: City Secretary Approved as to form: Hal George, City Attorney -� Alison Gallaway, Assistant City Attorney STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: -3- Director, Contract Management WHEREAS, in NUECES COUNTY in the City of Corpus Christi on AGNES (State Loop 443) on Airport Road to Port Avenue, a distance of approximately 1.1 mile, a project is required; and WHEREAS. this project qualifies for the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas) approved this date by State Highway and Public Transportation Commission action; and WHEREAS, the City of Corpus Christi has offered to provide one hundred percent of the cost of right of way acquisition; and WHEREAS, the City of Corpus Christi has offered to provide $582,964 toward the construction of this project; NOW, THEREFORE, IT IS ORDERED that the Engineer -Director 1s hereby directed to tender the following proposal to the City of Corpus Christi: Provided the City of Corpus Christi will: 1. Provide one hundred percent of the cost of right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide ten percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide $582,964 toward the construction of this project. 4. Upon completion of 'the construction of this project, maintain that portion of the work which Is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: 1. Provide ninety percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 2. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 3. Provide for construction. 4. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreements. Minute No. 87554 - Continued Upon acceptance of the provisions of this Order by the City of Corpus Christi. IT IS FURTHER ORDERED that Agnes (State Loop 443) from Airport Road to Port Avenue be and is hereby designated a PRINCIPAL ARTERIAL STREET; and IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right of way acquisition, utility adjustments. relocation assistance and construction at an estimated cost of $3,092.800 to the State which will be funded from the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Corpus Christi; and if not accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. Minute No. 87554 June 28, 1988 COPY "EXHIBIT A" CRP 89(313) MXA 102-1-79 Nueces County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of 1989, by and between the City of Corpus Christi, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of drainage outfall and incidental items within the limits from Airport Road to State Highway No. 358 on Loop 443 (Agnes Street), which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Four Hundred Forty Nine Thousand Six Hundred Eighteen and 60/100 Dollars ($449,618.60), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87551, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. -1- NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Four Hundred Forty Nine Thousand Six Hundred Eighteen and 60/100 Dollars ($449,618.60), to be used in paying for the proposed work required by the City in the City of Corpus Christi. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 87551, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. -2- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. By: CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST: City Secretary Approved as to form: Hal George, City Attorney 8y. ,{ Alison Gallaway, A_sistant City Attorney -3- STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management WHEREAS, in NUECES COUNTY in the City of Corpus Christi on AGNES (State Loop 443) from State Highway 358 to Airport Road, a distance of approximately 1.9 mile, a project is required; and WHEREAS, this project qualifies for the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas) approved this date by State Highway and Public Transportation Commission action; and WHEREAS, the City of Corpus Christi has offered to provide one hundred percent of the cost of right of way acquisition; and WHEREAS, the City of Corpus Christi has offered to provide $1,946,500 toward the construction of.thls project; NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is hereby directed to tender the following proposal to the City of Corpus Christi: Provided the City of Corpus Christi will: 1. Provide one hundred percent of the cost of right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide ten percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide 51,946,500 toward the construction of this project. 4. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: 1. Provide ninety percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. Minute No. 87551 - Continued 2. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 3. Provide for construction. 4. Maintain that portion of the work which is its responsibility In accordance with present maintenance agreements. Upon acceptance of the provisions of this Order by the City of Corpus Christi, IT IS FURTHER ORDERED that Agnes (State Loop 443) from State Highway 358 to Airport Road be and is hereby designated a PRINCIPAL ARTERIAL STREET; and IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction at an estimated cost of 53,414,000 to,the State which will be funded from the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas). ) This Order shall become operative upon acceptance by the City of Corpus Christi; and if not accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. Minute No, 87551 June 28, 1988 COPY "EXHIBIT A" 99.066.01 Corpus Christi, Texas day of �' kl(t( ^i', , 198`/ The above resolution was passed by the following vote: Betty N. Turner �c David Berlanga, Sr. I( y Leo Guerrero Tom Hunt I( Edward A. Martin (( y Joe McComb 1( 1 Clif Moss l.t Mary Rhodes c t; Frank Schwing, Jr. <(�, :r08w:)